Judge modifies New York Bottle Bill injunction

August 18, 2009
/ Print / Reprints /
ShareMore
/ Text Size+

U.S. District Court Judge Deborah Batts (Southern District of New York) modified the preliminary injunction order granted on May 29 to the International Bottled Water Association (IBWA) and other plaintiffs, including Nestle Waters North America and Polar Beverages, which enjoined the state of New York from implementing all provisions of the recently enacted bottle bill amendments. The bill amendments were originally scheduled to become effective June 1, 2009. The judge’s August 13 order lifts the original injunction, and allows most of the amendments to the bottle bill to be implemented immediately for all products except bottled water. The injunction on the provision that would have required a New York specific UPC for all beverages remains in effect.
 
The May 29 preliminary injunction order set an April 1, 2010, effective date for the bottle bill amendments. While noting that the original June 1, 2009, effective date for bottled water “was short,” Judge Batts has set an Oct. 22 hearing date for IBWA and other plaintiffs to show cause why the due process requires a continuation of the injunction.
 
Nestle Waters North America President Kim Jeffery issued the following statement regarding a legislative solution: "National experience has shown that effective bottle deposit laws are based on four principles. First, deposits must apply to all beverages, including sports drinks, teas, juices, and energy drinks. Second, the law must make recycling convenient by allowing consumers to return bottles to any retail or redemption center. Third, handling fees must remain reasonable and not burden consumers with hidden costs that they will never get back. Finally, the law must dedicate funding to support community recycling programs. The current New York Bottle Bill fails these tests, and its gaping loopholes and sweetheart deals will hinder recycling.
 
"We remain committed to working with Governor Paterson, the New York State Legislature, environmentalists, consumer advocates and recycling experts to strengthen the current law. Governor Paterson must not miss this opportunity to make this new bottle bill work for New Yorkers."
 
IBWA also continues to seek a revision to the provision of the bottle bill amendments that exempts water products to which sugar has been added. It says the key provisions of the amended bottle bill would: add bottled water to the beverages subject to the 5 cent deposit, increase the handling fee from 2 cents to 3.5 cents, and allow the state to keep 80 percent of the unclaimed deposits (the remaining 20 percent goes to the company).

 Did you enjoy this article? Click here to subscribe to Beverage Industry.  

You must login or register in order to post a comment.

Multimedia

Videos

Image Galleries

Dinner with Tequila Don Julio

Diageo is taking its Tequila Don Julio brand on the road this summer with a rolling Airstream Speakeasy mobile craft cocktail bar. The team stopped in Chicago on July 29 to share some specialty tequila cocktails paired with food from Chicago restaurants Honey Butter Fried Chicken and The Radler as well as dessert venues Black Dog Gelato and Baker Miller. (Photos by Jennifer Haderspeck)

9/17/14 2:00 pm EDT

The Path to New Product Success: Navigating the latest trends for new beverage development

By attending this webinar, you will learn about the top trends and how they fit into the CPG market, which channels are influencing new products and technology, how Packaging fits into your product development, and ways you can use innovation to increase sales.

Podcasts

Maintaining beverage dispensing equipment

Iuliana Nita, Saint-Gobain Performance Plastics global marketing manager of food and beverage, offers her insights about ensuring sanitary performance of beverage dispensing equipment in foodservice applications. She also will offer some tips about choosing the right kind of tubing to handle acidic beverages.

Beverage Industry Magazine

BI September 2014 cover

2014 September

The September 2014 Beverage Industry includes a cover story on our Wholesaler of the Year, The Odom Corp., as well as articles about single-cup and iced coffees, cconvenience store growth, vegetable flavors, and more. Check it out today!

Table Of Contents Subscribe

Beverage Insider eNewsletter

Are you an Insider? Subscribe to Beverage Industry’s weekly e-newsletter to receive news headlines, new product information and magazine highlights.   

Coffee Segments

Which coffee segment will be impacted the most by coffee bean increases?
View Results Poll Archive

THE BEVERAGE INDUSTRY STORE

cleaning-in-place-dairy-foo.gif
Cleaning-in-Place: Dairy, Food and Beverage Operations, 3rd Edition

This book addresses the principles of cleaning operations, water supply issues and the science of detergents and disinfectants.

More Products

Webinars

Beverage Industry Webinars are an easy, effective and convenient way to get educated and informed on the latest industry trends and topics. All Webinars are FREE unless indicated. For more information, check out our Events page!

STAY CONNECTED

facebook40 twitter    youtubelinkedgoogle+ icon 40px